{"id":84,"date":"2008-02-13T16:10:05","date_gmt":"2008-02-13T16:10:05","guid":{"rendered":""},"modified":"2016-10-12T11:43:04","modified_gmt":"2016-10-12T16:43:04","slug":"a-journey-through-olympic-drug-testing-rules-a-practitioners-guide-to-understanding-drug-testing-within-the-olympic-movement","status":"publish","type":"post","link":"https:\/\/thesportjournal.org\/article\/a-journey-through-olympic-drug-testing-rules-a-practitioners-guide-to-understanding-drug-testing-within-the-olympic-movement\/","title":{"rendered":"A Journey Through Olympic Drug Testing Rules: A Practitioner’s Guide to Understanding Drug Testing Within the Olympic Movement"},"content":{"rendered":"
Submitted by: Jill Pilgrim and Kim Betz<\/div>\n

It’s the spring
\nof the year 2000, and you are looking forward to your first summer of
\nthe new Millennium. Baseball season has started, the NBA playoffs are
\non the horizon, Wimbledon, the French Open, and the US Open are all
\nahead of you. And best of all, this is an Olympic year. During the fall,
\nyour television will be taken over by gymnastics, soccer, softball,
\nand track & field with interesting vignettes telling the amazing stories
\nof sacrifice and hardship leading up to Olympic glory. You even remember,
\nwith misty eyed nostalgia, your days as a high school athlete; its not
\nimportant that it was in the sphere of intramural. YOU WERE A CONTENDER!
\nIf you had applied yourself, you too could have been an Olympian. Now,
\nyou are a hard working attorney looking forward to a summer of sitting
\non your couch and watching other great athletes. Little did you know
\nthat you would play a part in the 2000 Olympic Games in Sydney, Australia.
\nIsn’t life funny?<\/p>\n

<\/p>\n

A few months prior
\nto the start of the 2000 U.S. Olympic Team Trials for Track & Field,
\nAmanda, a top U.S. athlete, comes to your office seeking guidance. Although
\nshe has been drug tested consistently throughout her career, she has
\nconfessed that the recent media attention involving the creation of
\nnew organizations involved with drug testing, \u00b9 the new methods of drug
\ntesting, and the rise in the number of athletes that have recently tested
\npositive have been somewhat disconcerting to her, especially since this
\nis an Olympic year. Amanda is confident that she will make the Olympic
\nteam and compete in the U.S., Canada, and Australia before reporting
\nto the Olympic Village in September of 2000. While she has professed
\nto be drug free, she would like to better understanding the changes
\nthat have been made in the recent months with respect to drug testing.
\nAmanda has provided you with her training schedule to assist you in
\nyour expect legal analysis.<\/p>\n

Amanda’s
\nTraining Schedule<\/p>\n

    \n
  1. Training
    \nfor Olympic Trials in the U.S. (April – June 2000)<\/li>\n
  2. Competing
    \nin the Olympic Trials (July 2000)<\/li>\n
  3. Resting
    \nand Training in the U.S. (End of July)<\/li>\n
  4. Competing
    \nand training in Canada. (August 1-7, 2000)<\/li>\n
  5. Training
    \nand Competing in the U.S. (August 8-14, 2000)<\/li>\n
  6. Reporting
    \nto U.S. training camp in Brisbane, Australia
    \n(August 15-September 14, 2000)<\/li>\n
  7. Report
    \nto Olympic Village in Sydney, Australia
    \n(September 15, 2000)<\/li>\n
  8. Compete
    \nin Olympic Games (September 15-October 1, 2000)<\/li>\n<\/ol>\n

    Where do you begin
    \nyour research in order to provide adequate advice to Amanda? -1-<\/p>\n

    Introduction
    \n<\/strong><\/p>\n

    While many top U.S.
    \nOlympic caliber athletes have been drug tested throughout their careers,
    \nfew have truly understood the drug testing process. The ever-changing
    \nrules and regulations, as well as the increase in number of doping control
    \nprograms, while appearing to assist in the fight against doping in sport,
    \nhave proven to be confusing and sometimes inconsistent. Many organizations
    \ncannot interpret their own rules, nor do they fully understand the jurisdictional
    \nissues that arise with respect to every sample taken until they are
    \ncaught in a crisis. This article attempts to untangle the web of rules
    \nand regulations and provide both athletes, coaches, and athlete representatives
    \nwith a working knowledge of master: 1) when an athlete is subject to
    \ndrug testing, 2) which organizations oversee doping control\u00b2, and 3)
    \nthe potential problems that arise when more than one organization is
    \ninvolved.<\/p>\n

    Brief
    \nHistory of Cheating<\/p>\n

    Ever since the ancient
    \nOlympic games, athletes have sought to gain the glory of being an Olympic
    \nchampion, with all its attendant accolades, gifts and awards. Over time,
    \nthis quest for greatness has tempted athletes to obtain athletic prowess
    \nby dishonest means. Drug testing of athletes, to route out performance
    \nenhancing drug use, began within the Olympic Movement\u00b3 in 1968. It continues
    \ntoday. In modern times, unscrupulous doctors have assisted athletes
    \nin gaining an edge against their opponents. The most notorious and recent
    \nOlympic exposure of cheating occurred during the 1988 Olympic Games
    \nin Seoul, Korea, when Ben Johnson was exposed as a “steroid user.” However,
    \nnot all Olympic drug infractions are the product of intentional actions
    \non the part of the athletes. Recently, several former East German athletes
    \nhave brought suit in Germany alleging that they were unknowingly, given
    \nperformance-enhancing drugs, under the guise of “vitamins.” These cases
    \nreinforce to the public what Olympic athletes have know for decades\u2013drugs
    \nin sports does exist.<\/p>\n

    Necessary
    \nTools<\/p>\n

    To being your research
    \nand advise Amanda, you will need to obtain the following documents:<\/p>\n

    International Olympic
    \nCommittee Charter
    \nInternational Olympic Committee Medical Code
    \nInternational Amateur Athletic Federation Rules
    \nInternational Amateur Athletic Federation Procedural Guidelines for
    \nDoping Control
    \n1998 Ted Stevens Olympic & Amateur Sports Act \u00a7 2250
    \nUnited States Olympic Committee National Anti-Doping Program Document<\/p>\n

    United States Olympic Committee Memorandum of Agreement with USA Track
    \n& Field
    \nUnited States Olympic Committee Constitution & By Laws
    \nUnited States Olympic Committee Code of Conduct 2000 Olympic Games
    \nUnited States Olympic Committee Grievance Procedures for Code of Conduct
    \nand Team Selection 2000 Olympic Games
    \nUnited States Olympic Committee Bilateral Agreement with the Australia
    \nDrug Testing Agency
    \nUnited States
    \nOlympic Committee Bilateral Agreement with the Canadian Centre for Ethics
    \nin Sports
    \nUSA Track & Field Governance Handbook<\/p>\n

    When
    \nis an Athlete subject to drug testing? <\/strong><\/p>\n

    Now that you have
    \nall the materials you need, you can begin your legal analysis. Amanda
    \ntells you that she doesn’t understand why she gets tested during some
    \ncompetitions and not others, and, more important, she tells you she
    \ndoes not understand why she is tested at home.<\/p>\n

    Based upon your
    \nexhaustive review of the relevant documents, you now understand that
    \nthere are two types of drug testing that Olympic-caliber athletes are
    \nsubject to “in-competition” and “out-of-competition.” Slightly different
    \nrules apply to each category of testing.4<\/p>\n

    In-competition drug
    \ntesting occurs during a specified competition. Athletes are notified
    \nthat they will be tested upon completion of an event, during a competition.
    \nOnce notified, athletes are required to provide a urine sample while
    \nat the competition site. The procedures by which an athlete is selected
    \nfor drug testing depends upon the organization that responsible for
    \nprocess is random, based upon place-finish.<\/p>\n

    Out-of-competition
    \ndrug testing, on the other hand, occurs outside of competition. Usually,
    \nout-of-competition drug tests are conducted with no advanced notice
    \nto the athlete and may occur at any time. (i.e. home, work, or training
    \nfacility6). Once notified, athletes are required
    \nto submit to the drug test, regardless of where s\/he may be located
    \nat the time of notification. 7 The process by
    \nwhich an athlete is selected for out-of -competition drug testing is
    \nalso organization specific. For example, USATF, randomly selects a specified
    \nnumber of athletes for testing each month. USATF selects athletes based
    \nupon their ranking in a particular event.<\/p>\n

    Entities
    \nresponsible for carrying out drug testing <\/strong><\/p>\n

    Now that Amanda
    \nunderstands the types of drug tests that she is subject to, it is critical
    \nthat she understands what organizations have the authority8 to carry
    \nout the drug testing process.<\/p>\n

    Almost every sport
    \norganization today conducts or participates in some type of drug testing
    \nprogram, regardless of whether its athletes are amateur or professional.
    \nProfessional sport organizations such as the NCAA, National Basketball
    \nAssociation, Women’s National Basketball Association, National Football
    \nLeague, Major League Baseball, and National Hockey League each conduct
    \ntheir own drug testing programs, have their own drug testing protocol,
    \nand coordinate their own list of prohibited substances.<\/p>\n

    Unlike those athletes
    \nassociated with professional organizations, elite Olympic athletes are
    \nsubject to drug testing by multiple organizations. Within the Olympic
    \nMovement, the International Olympic Committee (IOC), some International
    \nFederations (IF’s), the United States Olympic Committee (USOC), and
    \ncertain other national organizations, by agreement, all conduct drug
    \ntesting programs and have the ability to drug test U.S. athletes either
    \nduring competition, out-of-competition, or both. However, the likelihood
    \nthat an athlete will be subject to drug testing by all four (4) organizations
    \nis heavily dependent on the level at which the athlete competes, for
    \nreasons that are provided below. 9<\/p>\n

    In
    \nthe United States <\/strong><\/p>\n

    Athletes that compete
    \non a national level can expect to be drug tested by the United States
    \nOlympic Committee (USOC).10 The USOC, through
    \nthe National Anti-Doping Program (NADP), is responsible for coordinating
    \nboth in-competition drug testing for each National Governing Body (NGB).11
    \nThe NADP is implemented through individual memoranda of agreement
    \n(MOA) between the USOC and each individual NGB. Each MOA establishes
    \nthe terms and conditions by which the USOC is responsible for conducting
    \ndrug testing for an NGB.<\/p>\n

    Under the USOC\/USATF
    \nMOA, USAFT is responsible for selecting certain domestic competitions
    \nin which drug testing will occur, for determining the process by which
    \nathletes are selected for domestic out-of-competition drug testing,
    \nand for implementing the disciplinary process upon notice that a sample
    \nhas tested positive for a prohibited substance. 12
    \nThe USOC, on the other hand, is responsible for coordinating every other
    \naspect of the drug testing process. Thus, in the event that Amanda competes
    \nin a domestic competition that has been selected for drug testing by
    \nUSATF, she can expect drug testing by USAFT, she can expect drug testing
    \nto take place by the USOC, in accordance with the NADP, as amended by
    \nthe MOA. Furthermore, as the USOC is also responsible for conducting
    \nout-of-competition drug testing, pursuant to the NADP and MOA, in the
    \nevent that Amanda ranks among the top athletes in her event, she will
    \nbe drug tested outside of competition as well.13<\/p>\n

    Internationally
    \n<\/strong><\/p>\n

    Athletes competing
    \non an international level, either domestically or abroad, can also expect
    \nto be drug tested by their respective international federation. The
    \ninternational federation for track & field,14
    \nthe International Amateur Athletic Federation (IAAF), is responsible
    \nfor coordinating all aspects of track & field on an international level,
    \nincluding the implementation of a drug testing program.15
    \nAccording to the rules associated with the IAAF’s drug testing program,
    \nthe IAAF is responsible for conducting drug testing during the following
    \ncompetitions: World
    \nChampionships and World Cups, Grand Prix and Permit Meetings, and other
    \ndesignated competitions.16 In addition, IAAF
    \nrules authorize it to conduct out-of-competition drug testing on a member
    \nfederation’s athletes.17<\/p>\n

    Thus, when Amanda
    \ncompetes abroad or in certain internationally sanctioned competitions
    \nin the U.S.,18 the IAAF will have the authority
    \nto drug test Amanda during that competition. Furthermore, since Amanda
    \nis a world ranked athlete, she is eligible to be drug tested outside
    \nof competition by the IAAF. Similar to the out-of-competition drug test
    \nconducted by the USOC, an out-of-competition drug test conducted by
    \nthe IAAF can occur at any time and any place, with no notice to the
    \nathlete.<\/p>\n

    Special
    \nTesting Arrangements <\/strong><\/p>\n

    When Amanda travels
    \nto Australia for training and\/or competition prior to the U.S. Olympic
    \nTrials, she will be subject to drug testing by the Australian Sports
    \nDrug Agency (ASDA), as well as the USOC. Pursuant to a “Trilateral Agreement”,
    \nthe ASDA, the Canadian Centre for Ethics in Sport (CCES), and USOC have
    \nall agreed to allow each country’s athletes. This Trilateral Agreement
    \nhas been implemented through individual bilateral agreements, which
    \nset forth the terms and conditions pursuant to which the drug test must
    \nbe conducted.<\/p>\n

    According to the
    \nbilateral agreement between the USOC and the ASDA.19
    \nThe ASDA has the authority to drug test an American athlete while s\/he
    \nis residing, training, and\/or competing in Australia, and vice versa.20
    \nThe USOC has the authority to drug test an Australian athlete that USOC
    \nalso has the ability to drug test U.S. athletes while they are competing,
    \ntraining, or residing in Australia. Notwithstanding ASDA’s and the USOC’s
    \nability to drug test a U.S. athlete in Australia, the responsibility
    \nof conducting disciplinary procedures still rests with each athlete’s
    \nfederation.21<\/p>\n

    Finally, in some
    \ninstances, Olympic athletes may be subject to drug testing conducted
    \nby the recently created World Anti-doping Agency (WADA). WADA was created
    \nunder the auspices of the International Olympic Committee (IOC) with
    \nthe goal of coordinating drug testing on a global level during the intervals
    \nbetween the Pan American and Olympic Games. However, WADA’s limited
    \nobjective for the year 2000 is to conduct out-of-competition drug testing
    \nprograms.22 In addition, WADA will have the responsibility
    \nof monitoring the conduct of both the USOC and IAAF have drug testing
    \nprograms, the likelihood that an American track & field athlete will
    \nbe subject to drug testing by WADA is minimal.<\/p>\n

    Drug
    \nTesting At Olympic Trial Events<\/strong><\/p>\n

    Each NGB has a
    \nselection process for athletes who will represent the United States
    \nat the Olympic Games. Some NGB’s evaluate performance over a series
    \nof competitions, while other NGB’s base selection on performance at
    \na specific Olympic Trials event. USAFT’s selection process falls into
    \nthe later category.<\/p>\n

    All athletes participating
    \nin the U.S. Olympic Team Trials for Track & Field are eligible to be
    \ndrug tested. Pursuant to its authority under the NADP, the USOC has
    \nthe authority to conduct drug testing at all Olympic an Pan American
    \nTrials competitions.23 Thus, Amanda should be
    \ninformed that, if selected to the U.S. Olympic Team, she can expect
    \nto be drug tested upon completion of her event.<\/p>\n

    Disciplinary
    \nProcedures <\/strong><\/p>\n

    Each sports organization
    \ndescribed above has a disciplinary process that is implemented once
    \nan athlete’s urine sample reveals the presence of a prohibited substance.
    \nPursuant to the rules of the USOC NADP, IAAF, and the ASDA\/USOC bilateral
    \nagreement, disciplinary proceedings are to be held by the appropriate
    \nNGB.24 Thus, once an NGB is notified by one of
    \nthese organizations that a urine sample has tested positive for a prohibited
    \nsubstance, the NGB is responsible for implementing disciplinary proceedings.
    \nFor USATF, the disciplinary process begins with the implementation of
    \nUSATF Regulation 10\u2013Doping Control.<\/p>\n

    USATF
    \nRegulation 10<\/p>\n

    USATF Regulation
    \n10 is the provision, within the USATF Bylaws, that authorizes USATF
    \nto implement disciplinary proceedings against an athlete. Additionally,
    \nit sets forth the disciplinary process that USATF is required to implement
    \nonce it has been notified that a urine sample has tested positive for
    \na prohibited substance.<\/p>\n

    Under Regulation
    \n10, athletes are afforded certain rights and opportunities, which included
    \nthe following: (1) the right to have “B” sample analyzed,25
    \n(2) the right to a full hearing26, and (3) the
    \nright to an appeal. As of January 2000, the American Arbitration Association(AAA)
    \nis responsible for adjudicating all hearings and appeals for USATF,
    \npursuant to USATF Regulation.27<\/p>\n

    USOC
    \nArticle IX<\/p>\n

    In addition to USAFT
    \nRegulation 10, an athlete may utilize another forum designated by Article
    \nIX of the USOC Constitution and Chapter IX of the USOC Bylaws to resolve
    \nissues of eligibility. According to these provisions, an athlete who
    \nbelieves that s\/he has been denied the opportunity to participate in
    \na protected competition 28 has the opportunity
    \nto have an expedited hearing before the American Arbitration Association
    \n(AAA). 29 Arbitrations that are held pursuant
    \nto this Article are held in accordance with special AAA rules and regulations
    \nrelating to Olympic and Pan American Games competitions. Athletes who
    \nutilize this provision are entitled to a hearing and a decision within
    \nforty-eight (48) hours of delivery of the notice of the hearing.30<\/p>\n

    Thus, in the event
    \nthat one of Amanda’s urine samples tests positive during either an in-competition
    \nor out-of-competition drug test, or Olympic Trials competition, she
    \nwould have the opportunity to have the matter heard by a AAA panel,
    \npursuant to USATF Regulation 10. In the event that USATF denied Amanda
    \nthe opportunity to compete, she could utilize the AAA arbitration in
    \naccordance with Article IX of the USOC Constitution and Chapter IX of
    \nthe USOC Bylaws.<\/p>\n

    Olympic
    \nTrials\u2013Nomination to the Olympic Team <\/strong><\/p>\n

    According to the
    \nUSOC Constitution and Bylaws, the USOC has exclusive jurisdiction over
    \nmembers of the U.S. Olympic Team and all matters relating to their participation
    \nin the Olympic Games, once the Olympic team has been nominated by an
    \nNGB. 31Consistent with this authority, set forth
    \nthe appropriate process for handling any disciplinary and\/or grievance
    \nmatters. 32Members of the U.S. Olympic team are
    \nrequired to utilize these procedures for any issue that may arise regarding
    \ntheir eligibility and\/or participation in the Olympic Games.<\/p>\n

    Post
    \nOlympic Trails Jurisdictional Issues<\/strong><\/p>\n

    Immediately upon
    \ncompletion of the U.S. Olympic Trials and an athlete’s return to competition\/training,
    \nall of the organizations described above resume their authority to drug
    \ntest him\/her. However, for all members of the U.S. Olympic team, the
    \nUSOC simultaneously retains its authority to handle all disciplinary
    \nmatters and grievance complaints, as they relate to a member of the
    \nU.S. Olympic team and their Olympic Games. The USOC retains this authority
    \nuntil the completion of the 2000 Olympic Games. Thus, notwithstanding
    \nthe ability of any organization to conduct drug testing on an athlete
    \nand its authority to handle any subsequent disciplinary proceedings,
    \nthe USOC Constitution and Bylaws specify that the USOC has authority
    \nover any issue related to discipline and\/or grievance complaints. As
    \na result, a situation of overlapping jurisdiction is created, the resolution
    \nof which remains unclear as of the date of this article.<\/p>\n

    Consider the following
    \npossible scenario. Amanda, as indicated in her event schedule, competes
    \nin Australia after the Olympic Trials and is selected for drug testing.
    \nAssume that her sample reveals the presence of a prohibited substance.
    \nASDA is required to notify USOC of the positive finding. The USOC is
    \nrequired to notify USATF, pursuant to the USOC\/ASDA bilateral agreement.
    \nUpon notification, USATF is required to notify Amanda that her sample
    \nhas tested positive for a prohibited substance and inform her that the
    \nfollowing disciplinary procedures will now be implemented. However,
    \nit is unclear whether the USOC Grievance Procedures, or USATF Regulation
    \n10 apply.<\/p>\n

    Because this sample
    \nwas taken pursuant to the ASDA’s authority, under the USOC\/ASDA bilateral
    \nagreement, the athlete’s hame federation is responsible for handling
    \nthe disciplinary process.33 However, because
    \nAmanda is now a member of the U.S. Olympic team, the USOC also has jurisdiction
    \nover the disciplinary process. 34 Which organization
    \nis responsible for resolving the matter is unclear.35
    \nThis conflict exists not only with drug testing conducted pursuant to
    \nthe USOC\/ASDA bilateral agreement, but also with drug tests that are
    \nconducted pursuant to the USOC’s NADP, and the IAAF’s doping control
    \nprogram, each of which specify specific procedures that must follow
    \nin the event of a positive finding.<\/p>\n

    Olympic
    \nGames\u2013IOC Authority <\/strong><\/p>\n

    As the “supreme
    \nauthority”36 within the Olympic Movement, the
    \nIOC is responsible for conducting drug testing during the Olympic Games,
    \npursuant to the rules and regulations established by IOC Medical Code.
    \nThe IOC Medical Code also sets forth the disciplinary process that must
    \nbe followed once a drug test reveals the presence of a prohibited substance.
    \n37According to those procedures, the IOC Medical
    \ncommission has the sole authority to decide issues relating to positive
    \ndrug tests.38 However, all decisions may be appealed
    \nto the Court of Arbitration for Sport.39<\/p>\n

    Thus, if an American
    \nathlete competing at the Olympic Games is drug tested and the sample(s)
    \ngiven test positive, the Chief de Mission of the U.S. Olympic delegation
    \nis notified tht the test has revealed the presence of a prohibited substance.
    \nAccording the procedures set forth in the IOC Medical Code, the IOC
    \nMedical Commission determines whether a doping violation has taken place
    \nand refers its decision to the IOC Executive Committee for approval
    \nand the imposition of a penalty. Any decision adverse to the athlete
    \nmay be appealed to CAS for a final determination.<\/p>\n

    Notwithstanding
    \nthe rights of an athlete to appeal the IOC’s determination, the USOC
    \nGrievance Procedures continue to be effective. Thus, after the IOC determines
    \nthat a doping violation has occurred, an athlete could presumably invoke
    \nthe American Arbitration Association arbitration process to process
    \nto prevent his\/her removal from the U.S. Olympic Team.40
    \nAs a result, it is again unclear whether your athlete is required to
    \nadhere to those procedures set forth by the IOC or whether s\/he can
    \npursue an appeal before the AAA.<\/p>\n

    What
    \nDoes This Mean For Amanda?<\/strong><\/p>\n

    A great deal. Prior
    \nto the start of the U.S. Olympic Team Trails for Track & Field, Amanda
    \ncan expect to be drug tested by every one of the organizations mentioned
    \nabove, both in and outside of competition. For those competitions that
    \nare conducted in the United States, drug testing will be conducted by
    \nthe USOC.41 If Amanda should expect to be drug
    \ntested outside of competition in both the United States and Canada,
    \nby either the USOC, IAAF, the ASDA, and\/or WADA.<\/p>\n

    In the event that
    \nany of the samples taken prior to, or during the U.S. Olympic Team Trials
    \nfor Track & Field reveal the presence of a prohibited substance, Amanda
    \ncan expect to be notified by USATF of the positive finding. At such
    \ntime, Amanda would be entitled to the opportunities afforded by USA
    \nRegulation 10. In addition, Amanda would have immediate recourse through
    \nArticle IX of the USOC Constitution and Chapter IX of the USOC Bylaws
    \nto reexamine her eligibility status for the U.S. Olympic Trials and
    \nthe Olympic Games. A great deal.<\/p>\n

    Upon completion
    \nof the U.S. Olympic Trials, Amanda can still expect to be drug tested
    \nby the USOC, IAAF, ASDA, or WADA. However, whether USATF will be responsible
    \nfor conducting disciplinary proceedings will be dependent on whether
    \nAmanda has been nominated to the U.S. Olympic Team.<\/p>\n

    If Amanda is not<\/span>
    \nnominated to the U.S. Olympic Team for Track & Field, and a sample taken
    \nafter the Olympic Trials reveals the presence of a prohibited substance,
    \nAmanda can expect disciplinary proceedings to be conducted by USATF,
    \npursuant to USATF Regulation 10.<\/p>\n

    However, if Amanda
    \nis<\/span> nominated to the U.S. Olympic Team, and a sample taken before
    \nor after the Olympic Trials reveals the presence of a prohibited substance,
    \nit is unclear which organization, USATF or the USOC, would have the
    \nability to implement disciplinary proceedings. What is clear is, however,
    \nis that Amanda would have recourse through Article IX of the USOC Constitution
    \n& Bylaws, if either the USOC or USATF first denied her the opportunity
    \nto compete in the Olympic Games.<\/p>\n

    Conclusion
    \n<\/strong><\/p>\n

    This article only
    \nbegins to touch on the many legal issues associated with drug testing.
    \nUltimately, it will be up to you, the attorney, to navigate successfully
    \nthe impossibly complicated body of rules and regulations associated
    \nwith each organizations’s drug testing program, in order to adequately
    \nrepresent your client. Understanding the many organizations within the
    \nOlympic Movement that are involved with drug testing, as well as the
    \ndifferent responsibilities of these organizations, will be a very challenging
    \ntask. However, one thing should be apparent, drug testing is certain
    \nto occur, whether it be during a competition or outside a competition.
    \nThus, understanding the differences between the United States Olympic
    \nCommittee, the International Federation, the World Anti-doping Agency,
    \nand any other organization that may have the authority to drug test
    \nan athlete, may be the most important thing that an athlete can do to
    \nprepare for the 2000 Olympic Games.<\/p>\n

    End
    \nNotes <\/strong><\/p>\n

    1.The term of art
    \nfor drug testing within the Olympic Movement is “doping control.” These
    \nterms are interchanged throughout this Article. Drug testing is the
    \nprocess that has been developed over time to ensure that an athlete
    \nand analyzing that sample for both technique. It includes taking a urine
    \nsample from an athlete and analyzing that sample for both prohibited
    \nsubstances and techniques. While urine is the body fluid that is currently
    \nanalyzed during the 2000 sydeny Games.<\/p>\n

    2.See id. <\/span><\/p>\n

    3.The tem Olympic
    \nMovement “stems from modern Olympism.” It “encompasses organizations,
    \nathletes, and other persons who agree to be bound by the Olympic Charter.”
    \nCriterion for belonging to the Olympic Movement is recognition by the
    \nInternational Olympic Committee. See International Olympic Committee
    \nCharter \u00a7\u00a7 4and 5, The Olympic Charter (visited April 14, 2000)
    \nhttp:\/\/www.olympic.org\/ioc\/e\/facts\/charter\/charter_intro_e.html<\/a>
    \n[hereinafter IOC Charter].<\/p>\n

    4.See id <\/span><\/p>\n

    5.See generally<\/span>,
    \nMedical Commission<\/em> (visited April 14, 2000) http:\/\/iisl.us.olympic.org\/ioc\/e\/org\/medcom%5Fintro%5Fe.html[hereinafter
    \nIOC Medical Commission].<\/p>\n

    6.See generally<\/span>,
    \nIAAF Rules and Regulations<\/em> (visited April 14, 2000) http:\/\/archive.www.worldsport\/sports\/athletics\/rules\/rules.html<\/p>\n

    7.See generally<\/span>,
    \nIAAF Division III<\/em> (visited April 14, 2000) http:\/\/archive.www.worldsports\/athletics\/rules\/32.html.<\/p>\n

    8.Authority, as
    \nused throughout this article, is meant to include not only the ability
    \nto conduct drug testing but also the ability to implement disciplinary
    \nproceedings, if necessary.<\/p>\n

    9.For example, a
    \nU.S. athlete that is ranked number two (2) in the world, in a particular
    \nevent, has much greater chance of being drug tested by all four (4)
    \norganizations than a U.S. athlete that is ranked number ten (10) in
    \nthe United States.<\/p>\n

    10.The United States
    \nOlympic Committee is the United States’ representative \u2013 the National
    \nOlympic Committee (NOC) \u2013 in the Internationally Olympic Committee.
    \nAs such, the USOC is responsible for coordinating the activity of all
    \nAmerican based Olympic and Pan American sport organizations in the United
    \nStates.<\/p>\n

    11.Each sport within
    \nthe Olympic Movement has a national federation, which is responsible
    \nfor coordinating the activity for that particular sport in the country.
    \nIn the United States these federations are known as national governing
    \nbodies (NGB). USA Track & Field is the NGB for track & field, long distance
    \nrunning, cross country, and race walking, in the United States. For
    \nmore infomation on recognition of NGB’s in the United States see the
    \n1998 Ted Stevens Olympic and Amateur Sport Act \u00a72205.<\/p>\n

    12.See NADP Section
    \n9.1(b) and<\/p>\n

    13.The USOC implements
    \na No-Advance-Notice (NAN) out-of-competition drug testing program. This
    \nmeans that athletes are given no notice that the out-of-competition
    \ndrug test is going to occur. For more information, see USOC NADP, Attachment
    \n6.<\/p>\n

    14.Each national
    \nfederation within the Olympic Movement belongs to an international federation
    \n\u2013 the worldwide governing body for that particular sport. The international
    \nfederation is responsible for all technical aspects of the sport outside
    \nthe Olympic Games.<\/p>\n

    15.It is a condition
    \nof membership in the IAAF that each NGB abide by the IAAF Rules and
    \nRegulations, which provide for both in-competition and out-of-competition
    \ndrug testing. See IAAF Rule 2 and 55-61.<\/p>\n

    16.See IAAF Rule
    \n58.1.<\/p>\n

    17.See IAAF Rule
    \n57.1(iii).<\/p>\n

    18.An example of
    \nan IAAF sanctioned event held in the United States is the Prefontaine
    \nClassic, which is held every spring in Portland, Oregon in honor of
    \nthe late Steve Prefontaine. This competition is an IAAF Grand Prix event.<\/p>\n

    19.A similar bilateral
    \nagreement, between CCES and the USOC, is expected to be signed in the
    \nnext few months.<\/p>\n

    20.The ability to
    \ndrug test another federation’s athlete has a “reasonableness” standard
    \nbuilt in to the provisions. A party to the agreement cannot drug test
    \nan athlete more than twice, during the same visit, without the consent
    \nof the other party. Thus, a federation cannot abuse their authority
    \nto drug test another federation’s athletes.<\/p>\n

    21.Thus, if your
    \nclient were to be drug tested in Australia and the drug test revealed
    \nthe presence of a prohibited substance, your client would have the ability
    \nto have a hearing before USATF, the athlete’s home federation. For more
    \ninformation, see USOC\/ASDA Bilateral Agreement, Section IV, Provision
    \n9.<\/p>\n

    22.It should be
    \nnoted that within the sport of track & field, of the 200 members of
    \nthe IAAF, only 8 have drug testing programs.<\/p>\n

    23.See USCO NADP,
    \nSection 9.1.<\/p>\n

    24.See USOC NADP,
    \nSection 6.20, IAAF 59.3, and USOC\/ASDA Bilateral Agreement Section 4,
    \nProvision 9.<\/p>\n

    25.The collection
    \nof drug test includes dividing the urine sample into two (2) containers,
    \nrespectively known as the “A” sample and the “B” sample. The “A” sample
    \nis always analyzed first. The “B” sample is only analyzed in the event
    \nthe “A” sample reveals the presence of a prohibited substance.<\/p>\n

    26.The USOC has
    \nset forth a “due process” checklist that NGBs are required to comply
    \nwith. The list includes notice of the specific charges, reasonable time
    \nbetween the receipt of notice of charges and the hearing, the right
    \nto have the hearing conducted at a convenient time and place, the right
    \nto be assisted in the presentation of one’s case at the hearing before
    \na disinterested and impartial body of fact finders, the right to call
    \nwitnesses and present both written and oral evidence, the right to cross-examine,
    \nthe right to a record of the hearing, the right to a written decision,
    \nthe right to written notice of appeal procedures. See USOC Constitution
    \nand Bylaws Article IV, Section 4, (C)(6).<\/p>\n

    27.USATF was the
    \nfirst NGB in the United States to out source its disciplinary process.
    \nThe USOC has recently indicated that they plan to follow in our footsteps.<\/p>\n

    28.Protected competition
    \nincludes Olympic Games, Pan American Games, Paralympic Games, a World
    \nChampionships competition, or other protected competition as defined
    \nby Article I, Section 2 (H) of the USOC Constitution & Bylaws. See USOC
    \nConstitution & Bylaws Article IX, Section 1.<\/p>\n

    29.An NGB would
    \nfirst have to deny an athlete the ability to participate in a protected
    \ncompetition. Thus, an athlete first would have had a hearing pursuant
    \nto USAFT Regulation 10.<\/p>\n

    30.See USOC Constitution
    \n& Bylaws Article IX.<\/p>\n

    31.See USOC Constitution
    \nand Bylaws Article III, Section 5.<\/p>\n

    32.See Grievance
    \nProcedures for Code of Conduct and Team Selection \u2013 2000 Olympic Games.
    \nThese Grievance Procedures specify that the American Arbitration Association
    \n(AAA) will handle any dispute that the Secretary General is unable to
    \nresolve.<\/p>\n

    33.See USOC\/ASDA
    \nBilateral Agreement, Section IV, Provision 9.<\/p>\n

    34.See Grievance
    \nProcedures for Code of Conduct and Team Selection \u2013 2000 Olympic Games.<\/p>\n

    35.An additional
    \nissue that arises, but is not discussed in this article, is whether
    \none organization may pursue disciplinary action after action has been
    \ntaken by the first organizations.<\/p>\n

    36.See IOC Olympic
    \nCharter, Section 5.<\/p>\n

    37.See IOC Medical
    \nCode Chapter VI, Article IV and Chapter III, Article I. Athletes agree
    \nto use the Court of Arbitration for Sport (CAS) to resolve all issues
    \nrelating to disciplinary action that may arise during the conduct of
    \nthe Olympic Games.<\/p>\n

    38.See id<\/span><\/p>\n

    39.See IOC Medical
    \nCode Chapter III, Article I.<\/p>\n

    40.See Grievance
    \nProcedures for Code of Conduct and Team Selection\u20132000 Olympic Games.<\/p>\n

    41.Unless the competition
    \nfalls into one of the categories specified by the IAAF Rules. In such
    \ncase, the IAAF would be responsible for conducting drug testing.<\/p>\n

    42.See above note.<\/p>\n","protected":false},"excerpt":{"rendered":"

    Submitted by: Jill Pilgrim and Kim Betz<\/div>\n

    It’s the spring
    \n of the year 2000, and you are looking forward to your first summer of
    \n the new Millennium. Baseball season has started, the NBA playoffs are
    \n on the horizon, Wimbledon, the French Open, and the US Open are all
    \n ahead of you. And best of all, this is an Olympic year. During the fall,
    \n your television will be taken over by gymnastics, soccer, softball,
    \n and track & field with interesting vignettes telling the amazing stories
    \n of sacrifice and hardship leading up to Olympic glory. You even remember,
    \n with misty eyed nostalgia, your days as a high school athlete; its not
    \n important that it was in the sphere of intramural. YOU WERE A CONTENDER!
    \n If you had applied yourself, you too could have been an Olympian. Now,
    \n you are a hard working attorney looking forward to a summer of sitting
    \n on your couch and watching other great athletes. Little did you know
    \n that you would play a part in the 2000 Olympic Games in Sydney, Australia.
    \n Isn’t life funny? <\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"jetpack_post_was_ever_published":false,"jetpack_publicize_message":"","jetpack_is_tweetstorm":false,"jetpack_publicize_feature_enabled":true,"jetpack_social_options":[]},"categories":[290,291],"tags":[32,8,23,28],"jetpack_publicize_connections":[],"jetpack_featured_media_url":"","jetpack_sharing_enabled":true,"jetpack_shortlink":"https:\/\/wp.me\/p4btio-1m","jetpack-related-posts":[{"id":75,"url":"https:\/\/thesportjournal.org\/article\/ioc-culture-and-olympic-education-forum-introduction\/","url_meta":{"origin":84,"position":0},"title":"IOC Culture and Olympic Education Forum : Introduction","date":"February 13, 2008","format":false,"excerpt":"Submitted by: Juan Antonia Samaranch Since its origins, the Olympic Movement has always wished to associate the movements of sport with the thought processes linked to cultural activity, be it sculpture, paintings, literature, music or architecture. At the start of the third millennium, this desire clearly remains as relevant as\u2026","rel":"","context":"In "Sports History"","img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":52,"url":"https:\/\/thesportjournal.org\/article\/lausanne-declaration-on-doping-in-sport\/","url_meta":{"origin":84,"position":1},"title":"Lausanne Declaration on Doping in Sport","date":"February 11, 2008","format":false,"excerpt":"The World Conference on Doping in Sport, with the participation of representatives of governments, of inter-governmental and non-governmental organizations, of the International Olympic Committee, the International Sports Federations (IFs), the National Olympic Committees (NOCs) and of the athletes, declares: Education, prevention and athletes' rights The Olympic oath shall be extended\u2026","rel":"","context":"In "Contemporary Sports Issues"","img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":95,"url":"https:\/\/thesportjournal.org\/article\/the-fundamental-principles-of-olympism\/","url_meta":{"origin":84,"position":2},"title":"The Fundamental Principles of Olympism","date":"February 14, 2008","format":false,"excerpt":"The goal of Olympism is to contribute to building a peaceful and better world by educating youth through sport practised without discrimination of any kind and in the Olympic spirit, which requires mutual understanding with a spirit of friendship, solidarity and fair play. Olympic Charter, Fundamental Principles","rel":"","context":"In "Sports History"","img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":74,"url":"https:\/\/thesportjournal.org\/article\/ioc-culture-and-olympic-education-forum-preface\/","url_meta":{"origin":84,"position":3},"title":"IOC Culture and Olympic Education Forum : Preface","date":"February 13, 2008","format":false,"excerpt":"Submitted by: He Zhenliang It is often said and repeated that Olympism is sport and culture. This is not a simple definition, it is a programme that is constantly developing. The cultural dynamism of the IOC and the Olympic Movement is conveyed periodically at Olympic Games opening and closing ceremonies,\u2026","rel":"","context":"In "Sports Facilities"","img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":86,"url":"https:\/\/thesportjournal.org\/article\/its-time-to-work-together-to-stop-doping-in-sports\/","url_meta":{"origin":84,"position":4},"title":"It’s Time to Work Together to Stop Doping in Sports","date":"February 13, 2008","format":false,"excerpt":"Submitted by: Richard Bell, Ed.D. The greatest threat to international sport isn't the pay offs in Salt Lake City, but the use of dangerous performance-enhancing drugs. Their use threatens the very foundation of sport. The integrity, the image and even the existence of elite-level international competition is in jeopardy. Every\u2026","rel":"","context":"In "Contemporary Sports Issues"","img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":54,"url":"https:\/\/thesportjournal.org\/article\/analysis-of-selected-physical-and-performance-attributes-of-the-united-states-olympic-team-handball-players-preliminary-study\/","url_meta":{"origin":84,"position":5},"title":"Analysis of Selected Physical and Performance Attributes of the United States Olympic Team Handball Players: Preliminary Study","date":"February 11, 2008","format":false,"excerpt":"Submitted by: Brian Bergemann, Ph.D. During the Spring of 1995, prior to the Olympic Games in Atlanta, the United States Team Handball team and coaches came to the United States Sports Academy in Daphne, AL for testing. Dr. Thomas P. Rosandich, president of the U.S. Team Handball Federation, and the\u2026","rel":"","context":"In "Sports Coaching"","img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]}],"_links":{"self":[{"href":"https:\/\/thesportjournal.org\/wp-json\/wp\/v2\/posts\/84"}],"collection":[{"href":"https:\/\/thesportjournal.org\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/thesportjournal.org\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/thesportjournal.org\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/thesportjournal.org\/wp-json\/wp\/v2\/comments?post=84"}],"version-history":[{"count":5,"href":"https:\/\/thesportjournal.org\/wp-json\/wp\/v2\/posts\/84\/revisions"}],"predecessor-version":[{"id":4154,"href":"https:\/\/thesportjournal.org\/wp-json\/wp\/v2\/posts\/84\/revisions\/4154"}],"wp:attachment":[{"href":"https:\/\/thesportjournal.org\/wp-json\/wp\/v2\/media?parent=84"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/thesportjournal.org\/wp-json\/wp\/v2\/categories?post=84"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/thesportjournal.org\/wp-json\/wp\/v2\/tags?post=84"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}